Is It Possible to Overturn a Denied Car Accident Claim?

Posted on 09/29/23

An insurance company may deny a claim for any number of reasons. You may have missed submitting an important form, or the adjuster attached the wrong notes to your claim file. Some insurance companies deny claims hoping injured parties won’t pursue the claim further. When is it time to hire a personal injury attorney for your car accident claim?

Why Did the Insurance Company Deny Your Car Accident Claim?

Connecticut is an at-fault insurance claim state, meaning you must file your insurance claim with the negligent driver’s insurance company to pay your medical bills, lost wages, and other losses from the accident. If the insurance company denies your claim, they will send you a claim denial letter that explains why.

The claim denial letter you received should clearly state why the insurance company denied your claim. Common reasons that insurance companies deny claims include:

  • A lapse in coverage by the policyholder
  • Policy exclusions
  • Insufficient coverage for the extent of your injuries or damage to your vehicle
  • Incorrect insurance information

Appealing Your Denial

Most insurance companies have a standard process for you to appeal a denial. Having an experienced personal injury attorney on your side for a car accident claim can improve your chances of reaching an acceptable settlement.

Your injury attorney can help you navigate the complex claims process, which usually involves the following:

  • Gathering additional evidence and documentation for your claim
  • Drafting an appeal letter to explain your position and describe each piece of additional evidence supplied
  • Drafting a demand letter to get a response from the insurance company about why they denied the claim in the first place

Filing a Lawsuit To Seek Compensation

If the insurance company still does not offer an acceptable settlement for your injuries, you may need to take the negligent driver to court by filing a personal injury lawsuit. Personal injury cases argued in court allow you to pursue not only economic damages normally agreed upon in a settlement with the insurance company but also non-economic damages and, sometimes, punitive damages.

Economic damages are tangible losses that include medical bills, lost wages, diminished earning capacity, and other calculable losses with concrete invoices, bills, and receipts. Non-economic damages compensate victims for losses without a set value and may include emotional distress, pain and suffering, anxiety/depression caused by the accident, and other intangible losses.

If the other driver was reckless, wanton, or intentional in the actions that caused the accident, the court may also award punitive damages to punish the defendant and deter similar behavior.

When To Hire a Personal Injury Lawyer for a Car Accident

When should you hire a personal injury attorney for your case? Having an injury attorney by your side throughout the process of filing your initial claim can help you ensure you file all the correct documents and supporting evidence for your claim from the start. Your attorney can also speak with representatives from the insurance company on your behalf so you don’t accidentally undermine your claim.

Insurance companies don’t like paying claims and will attempt to deny or devalue legitimate claims. Having an attorney on your side early in the process improves your chances of having your claim investigated thoroughly by an experienced adjuster.

Contact Our Experienced Personal Injury Law Firm in Waterbury, CT

If you were a victim in a car accident in Connecticut, reach out to our law firm immediately at the Law Offices of James A. Welcome. Call us today at (475) 241-0824 or contact us online to schedule a free consultation on a contingency fee schedule with a personal injury attorney in Waterbury, CT.